A/HRC/13/39/Add.4
Social Action and the Promotion of Women, a draft law on violence against women is
currently pending in the Parliament.
IV.
A.
Conclusions and recommendations
Conclusions
67.
The Special Rapporteur expresses his gratitude for the invitation extended by
the Government, which he interprets as a sign of the Government’s preparedness to
subject its places of detention to independent scrutiny by an external, objective expert.
He further notes the existence of a comprehensive law prohibiting torture and
providing for the prosecution of torturers adopted in 2006 and the improvements in
the physical conditions of prisons.
68.
On the basis of discussions with public officials, judges, lawyers and
representatives of civil society, interviews with victims of violence and with persons
deprived of their liberty, most often corroborated by forensic medical evidence, the
Special Rapporteur concludes that torture is systematically used by the police, in
particular at the Central Police Stations in Bata and Malabo. The types of abuse
reported and corroborated by expert medical analysis and evidence found in the
respective police stations, includes severe beatings on various parts of the body,
electroshocks, various forms of suspension with hands and feet tied together,
including the so-called “Ethiopian style” for prolonged periods. Furthermore, the
victims were sometimes blindfolded or forced to inhale candle smoke.
69.
The Special Rapporteur received consistent allegations that corporal
punishment continued to be routinely applied by prison guards in front of other
prisoners in Bata and Black Beach prisons. However, he was encouraged to learn that
corporal punishment seemed not to have been applied any more for the last several
months at Evinayong Prison.
70.
Whereas the physical conditions in penitentiary institutions have improved
over recent years, the Special Rapporteur observed some overcrowding and heavy
restrictions on the detainees (in terms of restraints such as the permanent wearing of
leg irons and solitary confinement). Furthermore, the Special Rapporteur is
concerned about the severe limitations on contacts with the outside world.
71.
With the exception of the newly built Bata Central Police Station, police and
gendarmerie holding cells were generally in a dilapidated physical state with food
provided only by the detainees’ families or by fellow detainees, access to water for
drinking and washing was severely restricted; detainees were usually not allowed to
use the toilet, and as a result had to resort to using plastic bottles or plastic bags; they
had no possibility to exercise and no access to medical care. Overall the conditions
showed complete disregard for the dignity of the detainees and contravened
international standards.
72.
The Special Rapporteur received credible reports that immigrants run an
increased risk of being subjected to discriminatory practices and sometimes even
physical abuse by other detainees with the tacit approval of the police.
73.
In prisons as well as in police and gendarmerie custody, women and children
are not separated from male adults and are therefore extremely vulnerable to sexual
violence and other forms of abuse by guards as well as by co-prisoners. Intra-prisoner
violence, including sexual harassment and rape may amount to torture/ill-treatment,
if the authorities consent or acquiesce.
19
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